CANBERRA (AFP) — A lesbian mother who had two embryos implanted during an IVF procedure told hospital staff very late that she only wanted one, a lawyer for her doctor said Thursday.
In a case seen as the first of its kind in Australia, the mother and her female partner are suing obstetrician Robert Armellin for more than 400,000 dollars (330,000 US) to cover the cost of raising one of the non-identical children, who are now aged three.
But a lawyer for Armellin said Thursday the woman only said she wanted a single embryo implanted minutes before the procedure, when she was already in the operating theatre.
Earlier she had signed a form indicating that up to two embryos could be transferred, barrister Kim Burke told the Supreme Court in Canberra, acknowledging that staff should have followed up on the last-minute request.
"The system failed because of the plaintiff's failure to tell someone about the number of embryos to be transferred and the staff did not follow up," she said, as reported by Australian Associated Press (AAP).
Armellin was a consultant specialist at the Canberra Fertility Clinic where the procedure was carried out, not the director, and was not responsible for the system in place, Burke told the court.
The procedure, using sperm from a Danish doctor, resulted in the birth of the twin girls.
The couple, who cannot be named for legal reasons, hit back on Thursday at claims they should not have been allowed IVF treatment in the first place on the grounds of their sexuality.
"This has never been a case about whether our children are loved," they said in a handwritten statement. "They are cherished."
The court has heard that the couple's relationship suffered from the stress of twin parenthood and that the birth mother had changed after delivering the babies.
Copyright © 2009 AFP. All rights reserved. More »
